What is an Advance Directive?
An advance directive (sometimes called a “living will”) is a document that outlines your healthcare-related desires. While many people associate it with end-of-life planning for older people, it is actually a document that every adult should have. Accidents and unplanned health circumstances arise suddenly, and you may not have the ability or capacity to communicate your wishes at that time. An advance directive, on the other hand, gives you the ability to make your wishes known (and, more importantly, remembered!), no matter what the situation.
Do I Need an Attorney to Create an Advance Directive?
No! While many attorneys offer assistance with advance directives, you definitely do not need a lawyer to create your advance directive. Many states, however, do have specific requirements for making an advance directive official, such as having it witnessed by a notary public or using a state-specific advance directive form. AARP has a great directory of state-specific forms and requirements here.
What is Included in an Advance Directive?
As mentioned above, some states have specific requirements for what must be included, but you can also include any other plans or desires in additional attached documents to any of these forms.
For starters, your advance directive should include:
Your assigned Health Care Agent and their contact information. If you are unable to speak or make a decision for yourself, who would you trust to make those decisions for you? It is easy to think that your whole family will agree on what your wishes would have been, but unfortunately, this isn’t always the case, and the last thing you want when you need critical care is for your family to argue while not giving you the care you actually want.
The legal signatures required by your state. Some places require a witness or two, and some may require a notary public’s signature. Check the requirements of your state and make sure that you’ve dotted your i’s and crossed your t’s.
A section discussing your wishes in specific circumstances. Common topics include:
If you’d like a DNR (“do not resuscitate”)
If you want to be kept alive using feeding tubes and/or breathing machine (BPAP, CPAP)
To what extent you want to be treated in order to prolong your life, and what “life” actually means to you
You may also wish to include:
Any rituals, ceremonies, or rites that you want to have performed
Your desired burial method (traditional burial, cremation, “green” burial, etc.)
Names of any people you do NOT want to have input on your healthcare decisions
Any other things that are important to you during your end-of-life experience.
Remember, you may not be able to speak or communicate well, or you may be ill or so uncomfortable that you may not even remember some of the things you wanted during your last days, so be sure to write down everything that is important to you.
On the other hand, you shouldn’t ever wait until you have the “perfect” advance directive before you share it with everyone who needs to know (more on that later on in this article). Your advance directive can be modified or updated at any time. In fact, you should check it any time you have a major life or health change, just to make sure that everything still aligns with your wishes.
Who should I share my Advance Directive with?
You should share your advance directive with anyone who might be involved in your healthcare, including, but not limited to:
Your doctor
Any hospitals you may be sent to in case of an emergency
Your assigned Health Care Agent
Any family members you wish to keep informed
A safe, yet accessible, spot in your home (sometimes hospitals ask for an original copy of this document, and anyone who would be taking on the responsibility of this task should know where to find it)
Sometimes people also have their lawyer keep a copy of the form on file.
Don’t wait to create an advance directive!
It is never too early to create your advance directive, and, if you wait too long, you may find that it's too late! It is better to at least put something in place as soon as possible than to have nothing at all. And just remember- your advance directive is not set in stone: you can change it any time you’d like!
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